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From artificial intelligence (AI) and machine learning to autonomous vehicles, virtual reality, and cryptocurrency, the rapid evolution of technology shows no sign of slowing down. Companies in the digital technology sector are among the world’s most highly valued companies, with good reason. And businesses in every sector now use digital technology in all kinds of ways, from basic email to sophisticated data analytics.

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Fresh water is becoming a scarce resource in the United States and across the globe as demand continues to rise due to population and business growth. This emergent scarcity means businesses will face more consequences of the complex regulatory and legal frameworks governing water use and water quality.

Michael Best’s Water team understands those issues. We guide clients through the heavily regulated, politically sensitive environment surrounding the management of, investment in, and development of water resources.

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To prevail in litigation, clients need exceptional representation both inside and outside the courtroom. With more than 40 lawyers and other professionals, our seasoned Litigation practice group provides battle-tested service and representation for nearly any type of dispute.

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November 27, 2017Client Alert

Court Delays Air Emissions Reporting for Livestock Operations

On November 22, 2017, a federal court delayed a requirement that certain livestock operations report air emissions from manure on their farms. Following a week of uncertainty, the court stayed any reporting requirement for air emissions from livestock operations until at least January 22, 2018.

The federal Environmental Protection Agency (EPA) had asked the court for additional time to clarify what actions livestock operations must take to comply with air reporting obligations. The delay is also expected to allow EPA and the National Response Center (NRC) more time to prepare for thousands of reports from farms across the country. The NRC is the federal office designated to receive emission release reports under federal law.

In late October 2017, EPA released preliminary guidance intended to help farms understand how to meet air emissions reporting obligations under two federal environmental laws, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). Neither law was likely intended to cover naturally occurring releases from manure on farms.

The October 2017 guidance responded to a federal court decision from April 2017 that invalidated a 2008 EPA rule that exempted all farms from CERCLA reporting and required reports only from large Concentrated Animal Feeding Operations (CAFOs) under EPCRA.

The court’s delay may also open a window for congressional lawmakers to address these reporting obligations through corrective legislation.

EPA admitted in its preliminary guidance that there is no generally accepted methodology for estimating air emissions of substances such as ammonia and hydrogen sulfide from livestock operations. EPA acknowledged that this uncertainty would make it “challenging for farmers” to report releases at this time.

Michael Best attorneys, along with industry partners, will continue to monitor the status of any air emissions reporting requirements under CERCLA and EPCRA and will provide additional information as it becomes available.

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David’s practice sits squarely at the intersection of the food-water-energy nexus. His work in the areas of environmental, regulatory, agricultural production, manufacturing and distribution and energy projects gives him the depth of experience necessary to counsel clients who will be feeding and powering a projected global population of nine billion people by 2050—at a time when resource scarcity and consumer confidence require an ongoing commitment to stewardship and sustainability.

Leah takes a big-picture approach in advising clients as they face challenges on environmental, food safety and regulatory compliance issues. She draws on experience gained in cases involving the EPA, FDA and other public agencies. Leah’s success as a counselor, litigator and negotiator reflects her combination of subject matter expertise, industry knowledge and creativity.

Cameron focuses his practice on environmental and energy law, guiding clients through complicated regulatory processes and advocating for their interests in administrative, state, federal, and tribal courts. Clients rely on Cameron's legal advice to make strategic business decisions based on his well-informed knowledge of water and air permitting matters as well as hazardous waste liability and reporting obligations.

Taylor brings a diverse background in environmental and agricultural matters to his practice at Michael Best. He is well versed in environmental regulatory processes as well as emerging topics and issues faced by the Midwest’s agribusiness industry.

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